DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO- 406/2018
C.C. No. 406/2017
Date of Filing: Date of Disposal:
18.12.2018 18.12.2018
Complainant/s :- Smt. Supriya Poddar, W/o Samar Poddar,
36B, Kalimuddim Sarkar Lane, P.S. Beleghata,
Kolkata-700010.
and also of 211/B/1, Nagendra Nath Road,
P.S. Dum Dum, Kolkata- 700028.
=Vs=
Opposite Party/s:- 1. M/s. Joy Ram Developer, A Partnership Firm,
156, Shyamnagar Road, Lokenath Apartment,
1st floor, Flat No. 101, P.S. Dum Dum,
Kolkata- 700055. and represented by its partners,
-
S/o. Sri Dilip Kumar Sarkar,
156, Shyamnagar Road, Lokenath Apartment,
-
Kolkata- 700055.
b). Sri Abhijit Saha, S/o. Sri Amal Saha,
44/53, Shyamnagar Road, P.S. Dum Dum,
Kolkata- 700055.
-
S/o. Late Nani Gopal Chowdhury,
44/26, Shyamnagar Road, P.S. Dum Dum,
2) Sri Deepayan Bagchi,
S/o. Late Moni Bagchi, 90, Baguiati 3rd Lane,
P.S. Dum Dum, Kolkata- 700028.
3). Smt. Chhanda Chowdhury Nee Bagchi,
W/o. Mr. Biresh Chowdhury,
A/26, Regent Park, Kolkata- 700118.
4). Sri Kishore Kumar Bagchi,
S/o. Late Moni Bagchi,
90, Baguiati 3rd Lane, Khela Ghar Apartment,
Flat No.3B, P.S. Dum Dum, Kol-700028.
5). Smt. Sirsha Das nee Bagchi,
W/o. Late Sanjoy Das, 4B, Haripada Dutta Lane,
P.S. Shyampukur, Kolkata- 700006.
6). Smt. Subhra Moitra Nee Bagchi,
W/o. Mr. Sushanta Kumar Moitra,
Moitrabari, Madhyamgam Chowmatha,
P.S. Madhyamgram, Dist- 24 Pgs(n).
7). Sri Goutam Bagchi,
S/o. Late Moni Bagchi, 90, Baguiati 3rd Lane,
P.S. Dum Dum, Kolkata- 700028.
8). Smt. Sunrita Chakravarty nee Bagchi,
W/o. Mr. Ardhendu Chakravarty,
Cont…………………2
M. A. NO- 406/2018
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Tribeni Apartment, Flat No. 3B Ghosh Para,
Baguiati, Kolkata-59.
9). Sri Anjan Roy, S/o. Mr Ardhendu Roy,
5, Rajendralal Street, Kolkata- 700005.
P R E S E N T:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order no- 05
This order is arising out of the MA being no-406/2018 filed by the O.P. No. 1(a) in the C.C. No- 406/2017 praying for recalling of the order dated 31.10.2018.
In the application it is stated by the O.P. No-1(a) that after ‘Puja Vacation’ O.P.-1 (a) was appeared for filing written version but when the matter was called for passing necessary order the O.P.-1(a) was not present before the Ld. Forum and for this reason Ld. Forum was pleased to pass an order exparte against the said O.P. No.1 (a). It is pertinent to mention that the W.V was ready for filing but as the O.P. No.1 (a) could not reach in time before this Ld. Forum the W.V could not be filed. For this reason the complaint is running exparte against the O.P. No.1 (a). As there is no intentional laches on the part of the Ld. Advocate for the said O.P. according to the O.P until and unless said order is recalled and chance be given to the O.P. No.1 (a) for filing W.V, the interest of the said O.P will be seriously prejudiced. Accordingly, the prayer is made by the O.P. No.1 (a) for allowing this application.
The said application has duly been received by the complainant with objection.
But during its hearing none is present on behalf of the complainant.
We take up the said application for hearing and its disposal. It is seen by us that after admission of this complaint notices were issued upon the O.Ps wherein it was mentioned that W.V should be filed within 45 days from the date of receipt of the notices. On 18.05.2018 O.P. No.1 (a) appeared and prayed time for filing W.V. It is evident that the O.P. No.1 (a) received the notice on 21.09.2017. Therefore, the O.P. No.1 (a) was given liberty to file W.V subject to payment of cost. Next date was given on 31.10.2018 for filing W.V and payment of cost. But on the said date none was turn up on behalf of the said O.P., no cost is paid, no W.V was forthcoming, hence this Ld. Forum was pleased to pass an order that the complaint will run exparte against the said O.P. Thereafter, today the O.P. No.1 (a) has filed this application praying for recalling of the said order. In this respect, we may mention to the judgment passed by the Larger Bench of the Hon’ble Supreme Court in the case of Rajeev Hithendra Pathak –Vs- Achyut Kashinath Karekar and another wherein Their Lordships have held that having no power
Cont…………………3
M. A. NO- 406/2018
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either to recall or review its own order, the District Forum cannot invoke the said Authority to review or recall its own order. The District Forum shall not go beyond the statute. Admittedly as per statute review/ recalling power is given only to the Hon’ble NCDRC. Therefore, as we are not empowered either to review or recall our own order, the application filed by the O.P. No.1(a) for recalling of the order dated 31.10.2018 cannot be entertained.
Hence it is ordered that M.A. No. 406/2018 is hereby rejected. There is no order as to cost.
Todate.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
